“Never attribute to malice that which is adequately explained by stupidity”—so says Hanlon’s Razor. This principle is designed to curb the human tendency toward explaining other people’s behavior by moralizing it. We ask whether Hanlon’s Razor is good or bad advice. After offering a nuanced interpretation of the principle, we critically evaluate two strategies purporting to show it is good advice. Our discussion highlights important, unsettled questions about an idea that has the potential to infuse greater humility and civility into (...) discourse and debate. (shrink)

Skill or control is commonly regarded as a necessary condition for intentional action. This received wisdom is challenged by experiments conducted by Joshua Knobe and Thomas Nadelhoffer, which suggest that moral considerations sometimes trump considerations of skill and control. I argue that this effect (as well as the Knobe effect) can be explained in terms of the role normative reasons play in the concept of intentional action. This explanation has significant advantages over its rivals. It involves at most a conservative (...) extension rather than a radical revision of what we tend to believe about intentional action, and it fits better with the way we conceive of the relation between intentional action and moral responsibility. (shrink)

We explore and provide an account for a recently identified judgment anomaly, i.e., an order effect that changes the strength of intentionality ascriptions for some side effects (e.g., when a chairman's pursuit of profits has the foreseen but unintended consequence of harming the environment). Experiment 1 replicated the previously unanticipated order effect anomaly controlling for general individual differences. Experiment 2 revealed that the order effect was multiply determined and influenced by factors such as beliefs (i.e., that the same actor was (...) involved in bringing about both good and bad side effects) and philosophical training (i.e., more training was associated with smaller differences in judgment when harm followed help). Results provide more evidence that the folk's philosophically relevant intuitions are predictably fragmented and depend on the dynamic interplay between persons, process, and environments. Methodological and theoretical implications are discussed. (shrink)

This paper presents a series of studies (total N=579) which demonstrate that folk judgments concerning the reasonableness of decisions and actions depend strongly on whether they engender positive or negative consequences. A particular decision is deemed more reasonable in retrospect when it produces beneficial consequences than when it produces harmful consequences, even if the situation in which the decision was taken and the epistemic circumstances of the agent are held fixed across conditions. This finding is worrisome for the law, where (...) the reasonable person standard plays a prominent role. The legal concept of reasonableness is outcome-insensitive: whether the defendant acted in a reasonable fashion or not depends exclusively on her context of action, no matter how things play out. Folk judgments of reasonableness are thus inconsistent with the legal concept of reasonableness. Problematically, in common law jurisdictions, the decision whether a defendant’s behavior was reasonable or not is frequently (though not necessarily) delegated to a lay jury. (shrink)

In many spheres, the law takes the legal concept of causation to correspond to the folk concept (the correspondence assumption). Courts, including the US Supreme Court, tend to insist on the "common understanding" and that which is "natural to say" (Burrage v. United States) when it comes to expressions relating to causation, and frequently refuse to clarify the expression to juries. As recent work in psychology and experimental philosophy has uncovered, lay attributions of causation are susceptible to a great number (...) of unexpected factors, some of which seem rather peripheral to causation. One of those is the norm effect (Knobe & Fraser, 2008): Agents who, in acting as they do, break a salient norm, are more likely to be considered as having caused a certain consequence than when they do not violate a norm. According to some (e.g., Alicke, 1992) this constitutes a bias. According to others (e.g., Sytsma, 2020), the folk concept of causation is sensitive to normative factors, and there’s nothing wrong with that. In this paper, we explore the question whether the norm effect should be considered a bias from the legal perspective on the one hand, and from the psychological perspective on the other. To do this, we test whether norms which are nonpertinent to the consequences or outright silly also impact causation judgements. The data from two preregistered experiments (total N=593) clearly show they do. This, we argue, makes the bias interpretation plausible from the psychological perspective, and both plausible and problematic from the legal perspective. It also shows that the law should abstain from unreflectively assuming conceptual correspondence between legal and ordinary language concepts. (shrink)

In this paper, we investigate the effect described in the literature as the Group Knobe Effect, which is an asymmetry in ascription of intentionality of negative and positive side-effects of an action performed by a group agent. We successfully replicate two studies originally conducted by Michael and Szigeti, who observed this effect and provide empirical evidence of the existence of two related effects—Group Epistemic and Doxastic Knobe Effects—which show analogous asymmetry with respect to knowledge and belief ascriptions. We explain how (...) the existence of the Group Knobe Effect and its epistemic and doxastic counterparts affects the philosophical debate on collective agency and intentionality and supports the intuitiveness of realism about collective agency among laypeople. We also critically assess the reasoning presented by Michael and Szigeti in favor of the realist-collectivist interpretation of their results. We argue that a thorough analysis of both their data and our new findings shows a rather wide range of differing intuitions among laypeople regarding the status of groups as agents. These results show that while some laypeople may have realist-collectivist intuitions, the contrary realist-distrubutivist intuitions are also widespread and the claim that the majority of laypeople hold collectivist intuitions regarding group agency is unjustified. (shrink)

What it means for an action to have moral worth, and what is required for this to be the case, is the subject of continued controversy. Some argue that an agent performs a morally worthy action if and only if they do it because the action is morally right. Others argue that a morally worthy action is that which an agent performs because of features that make the action right. These theorists, though they oppose one another, share something important in (...) common. They focus almost exclusively on the moral worth of right actions. But there is a negatively valenced counterpart that attaches to wrong actions, which we will call moral counterworth. In this paper, we explore the moral counterworth of wrong actions in order to shed new light on the nature of moral worth. Contrary to theorists in both camps, we argue that more than one kind of motivation can affect the moral worth of actions. (shrink)

We describe and report on results of employing a new method for analyzing lay conceptions of intentional and unintentional action. Instead of asking people for their conceptual intuitions with regard to construed scenarios, we asked our participants to come up with their own scenarios and to explain why these are examples of intentional or unintentional actions. By way of content analysis, we extracted contexts and components that people associated with these action types. Our participants associated unintentional actions predominantly with bad (...) outcomes for all persons involved and linked intentional actions more strongly to positive outcomes, especially concerning the agent. People’s conceptions of intentional action seem to involve more aspects than commonly assumed in philosophical models of intentional action that solely stress the importance of intentions, desires, and beliefs. The additional aspects include decisions and thoughts about the action. In addition, we found that the criteria that participants generated for unintentional actions are not a mere inversion of those used in explanations for intentional actions. Associations between involuntariness and unintentional action seem to be stronger than associations between aspects of voluntariness and intentional action. (shrink)

Ratio Juris, Volume 35, Issue 2, Page 191-222, June 2022.

У статті представлено нову течію у філософії, а саме експериментальну філософію, яка потужно заявила про себе в останні двадцять п’ять років і знайшла розповсюдження переважно в країнах Західної та Центральної Європи і США. Окреслено її передісторію, основні положення, ключові методи і тематику досліджень, а також окремі результати. Представлено головні напрями у межах самої експериментальної філософії, а саме рестрикціонізм, експериментальний дескриптивізм та експериментальний аналіз понять. У статті підкреслюється значний міждисциплінарний потенціал експериментальної філософії та описується ряд напрямів, у яких могла б відбутись (...) плідна співпраця філософів, психологів, біхевіоральних економістів, правників та представників інших дисциплін, що вивчають людську поведінку. З появою експериментальної компоненти та завдяки активному творенню нового емпірично обґрунтованого знання зростає потенційний вплив філософії на суспільство, на ефективність формування цінностей і модуляцію поведінки людей, особливо з урахуванням потужності сучасних мас-медіа. (shrink)

In the current paper, we present and discuss a series of experiments in which we investigated people’s willingness to ascribe intentions, as well as blame and praise, to groups. The experiments draw upon the so-called “Knobe Effect”. Knobe [2003. “Intentional action and side effects in ordinary language.” Analysis 63: 190–194] found that the positiveness or negativeness of side-effects of actions influences people’s assessment of whether those side-effects were brought about intentionally, and also that people are more willing to assign blame (...) for negative side-effects of actions than they are to assign praise for positive side-effect of actions. Building upon this research, we found evidence that the positiveness or negativeness of side-effects of group actions influences people’s willingness to attribute intentions to groups, and that people are more willing to assign blame to groups for negative side-effects of actions than they are to assign praise to groups for positive side-effects of... (shrink)

Fiery Cushman and Alfred Mele recently proposed a ‘two-and-a-half rules’ theory of folk intentionality. They suggested that laypersons attribute intentionality employing: one rule based on desire, one based on belief, and another principle based on moral judgment, which may either reflect a folk concept (and so count as a third rule) or a bias (and so not count as a rule proper) and which they provisionally count as ‘half a rule’. In this article, I discuss some cases in which an (...) agent is judged as having neither belief nor desire to bring about an action, and yet laypersons find the agent’s action to be intentional. Many lay responses apparently follow a rule, but many other seem biased. The contribution of this study is two-fold: by addressing actions performed without desire or belief, it expands Mele and Cushman’s account; it also helps discriminate between a two-rules and a three-rules theory. As a conclusion, I argue in favor of a three-and-a-half concepts theory. (shrink)

In a series of ten preregistered experiments (N=2043), we investigate the effect of outcome valence on judgments of probability, negligence, and culpability – a phenomenon sometimes labelled moral (and legal) luck. We found that harmful outcomes, when contrasted with neutral outcomes, lead to increased perceived probability of harm ex post, and consequently to increased attribution of negligence and culpability. Rather than simply postulating a hindsight bias (as is common), we employ a variety of empirical means to demonstrate that the outcome-driven (...) asymmetry across perceived probabilities constitutes a systematic cognitive distortion. We then explore three distinct strategies to alleviate the hindsight bias and its downstream effects on mens rea and culpability ascriptions. Not all are successful, but at least some prove promising. They should, we argue, be taken into consideration in criminal jurisprudence, where distortions due to the hindsight bias are likely considerable and deeply disconcerting. (shrink)

This article explores whether perspective taking has an impact on the ascription of epistemic states. To do so, a new method is introduced which incites participants to imagine themselves in the position of the protagonist of a short vignette and to judge from her perspective. In a series of experiments, perspective proves to have a significant impact on belief ascriptions, but not on knowledge ascriptions. For belief, perspective is further found to moderate the epistemic side-effect effect significantly. It is hypothesized (...) that the surprising findings are driven by the special epistemic authority we enjoy in assessing our own belief states, which does not extend to the assessment of our own knowledge states. (shrink)

A coherent practice of mens rea (‘guilty mind’) ascription in criminal law presupposes a concept of mens rea which is insensitive to the moral valence of an action’s outcome. For instance, an assessment of whether an agent harmed another person intentionally should be unaffected by the severity of harm done. Ascriptions of intentionality made by laypeople, however, are subject to a strong outcome bias. As demonstrated by the Knobe effect, a knowingly incurred negative side effect is standardly judged intentional, whereas (...) a positive side effect is not. We report the first empirical investigation into intentionality ascriptions made by professional judges, which finds (i) that professionals are sensitive to the moral valence of outcome type, and (ii) that the worse the outcome, the higher the propensity to ascribe intentionality. The data shows the intentionality ascriptions of professional judges to be inconsistent with the concept of mens rea supposedly at the foundation of criminal law. (shrink)

In this paper, we set out to test empirically an idea that many philosophers find intuitive, namely that non-moral ignorance can exculpate. Many philosophers find it intuitive that moral agents are responsible only if they know the particular facts surrounding their action. Our results show that whether moral agents are aware of the facts surrounding their action does have an effect on people’s attributions of blame, regardless of the consequences or side effects of the agent’s actions. In general, it was (...) more likely that a situationally aware agent will be blamed for failing to perform the obligatory action than a situationally unaware agent. We also tested attributions of forgiveness in addition to attributions of blame. In general, it was less likely that a situationally aware agent will be forgiven for failing to perform the obligatory action than a situationally unaware agent. When the agent is situationally unaware, it is more likely that the agent will be forgiven than blamed. We argue that these results provide some empirical support for the hypothesis that there is something intuitive about the idea that non-moral ignorance can exculpate. (shrink)

Intuitions about intentional action have turned out to be sensitive to normative factors: most people say that an indifferent agent brings about an effect of her action intentionally when it is harmful, but unintentionally when it is beneficial. Joshua Knobe explains this asymmetry, which is known as ‘the Knobe effect’, in terms of the moral valence of the effect, arguing that this explanation generalizes to other asymmetries concerning notions as diverse as deciding and being free. I present an alternative explanation (...) of the Knobe effect in terms of normative reasons. This explanation generalizes to other folk psychological notions such as deciding, but not to such notions as being free. I go on to argue, against Knobe, that offering a unified explanation of all the asymmetries he discusses is in fact undesirable. (shrink)

Moral enhancement proposals struggle to be both plausible and ethically defensible while nevertheless interestingly distinct from both cognitive enhancement as well as (mere) moral education. Brian Earp (_Royal Institute of Philosophy Supplement_ 83:415–439, 12 ) suggests that a promising middle ground lies in focusing on the (suitably qualified) use of psychedelics as _adjuncts_ to moral development. But what would such an adjunctive use of psychedelics look like in practice? In this paper, I draw on literature from three areas where techniques (...) for moral development have been discussed: psychotherapy (e.g., Overholser 2010; Burns 1980) education (e.g., Uhl and Lütge, 2018), and AI-assisted enhancement (e.g., Lara and Deckers, _Neuroethics_ 13(3):275–287, 17 ) in order to propose more concrete ways in which to use psychedelics as adjuncts to moral development. It is shown that in each of these areas, we can see that _trusting_ relationships (e.g., Baier 1986; Hawley 2019) between the facilitator and the agent will very plausibly maximize the success of this type of moral enhancement. Finally, I appeal to literature on informed consent for use of psychedelics (e.g., Smith and Sisti, _Journal of Medical Ethics_, 22 ; Johnson et al., _The Journal of Psychopharmacology_ 22(6):603–20, 23 ) and on the therapeutic relationship in psychotherapy (e.g., Dryden and Reeves 2013; Horvath et al. 2011) to outline concrete suggestions for facilitating dimensions of trust most likely to maximize the benefits of (adjunctive) psychedelic moral enhancement. The result is a newly detailed practical proposal for how we might best facilitate moral enhancement by using drugs as adjuncts to moral development. (shrink)

Recent evidence suggests that if a deterministic description of the events leading up to a morally questionable action is couched in mechanistic, reductionistic, concrete and/or emotionally salient terms, people are more inclined toward compatibilism than when those descriptions use non-mechanistic, non-reductionistic, abstract and/or emotionally neutral terms. To explain these results, it has been suggested that descriptions of the first kind are processed by a concrete cognitive system, while those of the second kind are processed by an abstract cognitive system. The (...) current paper reports the results of three studies exploring whether or not considerations about possible future consequences of holding an agent responsible at a present time affect people’s judgments of responsibility. The results obtained suggest first that the concrete system does not produce compatibilist judgments of responsibility unconditionally, even when facing appropriately mechanistic, reductionistic, emotionally loaded and concretely worded deterministic scenarios. Second, these results suggest that considerations about possible future consequences for innocent third parties that may follow as a result of holding an agent responsible affect people’s judgment as to whether or not the agent is responsible for what she did. Finally, it is proposed that these results compliment extant evidence on the so-called “Side-effect effect”, as they suggest that emotional reactions toward possible future side effects influence people’s judgment of responsibility. The impact of these results for philosophy and moral psychology is discussed. (shrink)

One aim of this article is to explore the connection between the Knobe effect and the epistemic side-effect effect (ESEE). Additionally, we report evidence about a further generalization regarding probability judgments. We demonstrate that all effects can be found within German material, using ‘absichtlich’ [intentionally], ‘wissen’ [know] and ‘wahrscheinlich’ [likely]. As the explanations discussed with regard to the Knobe effect do not suffice to explicate the ESEE, we survey whether the characteristic asymmetry in knowledge judgments is caused by a differing (...) perception of probabilities concerning the occurrence of the side-effects. Our findings show that a negative side-effect is judged more probable, even if the objective probabilities would suggest otherwise. We argue that the best explanation for these results is that the Knobe effect applies to the perception of probabilities as well: a probabilistic side-effect effect. (shrink)

The ‘Knobe effect’ is the name given to the empirical finding that judgments about whether an action is intentional or not seems to depend on the moral valence of this action. To account for this phenomenon, Scaife and Webber have recently advanced the ‘Consideration Hypothesis’, according to which people’s ascriptions of intentionality are driven by whether they think the agent took the outcome in consideration when taking his decision. In this paper, I examine Scaife and Webber’s hypothesis and conclude that (...) it is supported neither by the existing literature nor by their own experiments, whose results I did not replicate, and that the ‘Consideration Hypothesis’ is not the best available account of the ‘Knobe Effect’. (shrink)

Studying the folk concept of intentional action, Knobe (2003a) discovered a puzzling asymmetry: most people consider some bad side effects as intentional while they consider some good side effects as unintentional. In this study, we extend these findings with new experiments. The first experiment shows that the very same effect can be found in ascriptions of intentionality in the case of means for action. The second and third experiments show that means are nevertheless generally judged more intentional than side effects, (...) and that people do take into account the structure of the action when ascribing intentionality. We then discuss a number of hypotheses that can account for these data, using reactions times from our first experiment. (shrink)

Recently, there has been an increased interest in folk intuitions about freedom and moral responsibility from both philosophers and psychologists. We aim to extend our understanding of folk intuitions about freedom and moral responsibility using an individual differences approach. Building off previous research suggesting that there are systematic differences in folks’ philosophically relevant intuitions, we present new data indicating that the personality trait extraversion predicts, to a significant extent, those who have compatibilist versus incompatibilist intuitions. We argue that identifying groups (...) of people who have specific and diverse intuitions about freedom and moral responsibility offers the possibility for theoretical advancement in philosophy and psychology, and may in part explain why some perennial philosophical debates have proven intractable. (shrink)

In a series of ten preregistered experiments (N=2043), we investigate the effect of outcome valence on judgments of probability, negligence, and culpability – a phenomenon sometimes labelled moral (and legal) luck. We found that harmful outcomes, when contrasted with neutral outcomes, lead to increased perceived probability of harm ex post, and consequently to increased attribution of negligence and culpability. Rather than simply postulating a hindsight bias (as is common), we employ a variety of empirical means to demonstrate that the outcome-driven (...) asymmetry across perceived probabilities constitutes a systematic cognitive distortion. We then explore three distinct strategies to alleviate the hindsight bias and its downstream effects on mens rea and culpability ascriptions. Not all are successful, but at least some prove promising. They should, we argue, be taken into consideration in criminal jurisprudence, where distortions due to the hindsight bias are likely considerable and deeply disconcerting. (shrink)

Empirically minded researchers (e.g., experimental philosophers) have begun exploring the “folk” notion of intentional action, often with surprising results. In this paper, we extend these lines of research and present new evidence from a radically new paradigm in experimental philosophy. Our results suggest that in some circumstances people make strikingly different judgments about intentions and intentionality as a function of whether the person brings about or observes an event. Implications for traditional action theory and the experimental study of folk intuitions (...) are discussed. (shrink)

This paper provides a comprehensive review of the experimental philosophy of action, focusing on the various different accounts of the Knobe Effect.